Radiocommunications Act 1989

116 Regulations
  • (1) The Governor-General may from time to time, by Order in Council, make regulations—

    • (a) providing for the making of applications for, and the granting of, radio licences granting to holders the right to transmit radio waves on specified frequencies; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):

    • (b) providing for the making of applications for, and the granting of, general user radio licences granting to every person the right to transmit radio waves on any frequency specified in the licence; and providing for the terms and conditions subject to which general user radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):

    • (c) authorising the Secretary to grant exemptions from the requirement for a radio licence in respect of the transmission of radio waves using certain radio apparatus, where the Secretary is satisfied that a licence is not required for the efficient and effective management of the radio frequency spectrum:

    • (d) requiring, as a condition of a radio licence or a condition of an exemption from the requirement to obtain a radio licence, that every transmission comply with Schedule 1:

    • (e) providing for the allocation of radio licences by competitive tender, auction, or by any other means, and for the payment of consideration to the Crown for the allocation:

    • (f) providing for the making of applications for, and the granting of, radio licences, providing for the protection from harmful interference from co-channel emissions; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):

    • (g) prescribing offences in respect of contraventions of any regulations made under this section.

    (2) Without limiting the Interpretation Act 1999, no regulation made under this section shall be invalid because it leaves any matter to the discretion of the Secretary or any other person or because it authorises the Secretary or any other person to give any consent or approval or to set any standard on or subject to conditions to be approved by the Secretary.

    Section 116(1): substituted, on 12 October 2001, by section 41 of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 116(1)(a): substituted, on 31 October 2006, by section 28(1) of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 116(1)(b): substituted, on 31 October 2006, by section 28(1) of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 116(1)(e): substituted, on 31 October 2006, by section 28(2) of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 116(1)(f): substituted, on 31 October 2006, by section 28(2) of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 116(2): amended, on 1 November 1999, pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).